Art. 18. And when after due consideration they are convinced, that the
iiature and extent óf the offence committed, do not according to Law
and the established regulations for the Police, require a higher punishment than
confinement for four weeks, either in or without irons, in the stocks, or on water
and rice,,—fine exceeding 25 Rix Dollars copper money, slight corpora' punishment
b r whipping in the B a z a r ; they shall be authorized to cause such punishment to Ibe immediately inflicted, keeping an accurate record of their proceedings, and transmitting in each case an extract of the same, to the Magistrates and Fiscal«
respectively, for their information.
Art. 19. But if on the contrary, the respective Bailluws after mature délibéra-1
tion are satisfied, that the nature and extent of the crime req/tiire a punishmeaj exceeding thosp, which by the preceding article they are authorized to inflict;
"they shall commit the suspected persons to close confinement, and transmit with-out delay, extracts from their proceedings relating thereto, to the Magistrates and Fiscals in whose jurisdiction it may be, informing them in a separate letter, that they deem the offence not determinable by them, and therefore that they submit the decision thereof to higher authority,
Art 20. IF a "difference of opinion should arise in snch case, between the res-pective Magistrates and Fiscals* as to the extent of jurisdiction ; it shall be decided
according to the provisions made in the articles of' the provisional rule«
and regulations for the mode of proceeding in criminal cases.
Art 2 1 . The authority of the' Bailluws, as defined in article l^th, shall extend to natives and Chinese only.—Whenever Europeans are concerned, they shall ody have power to enquire i,nto the circumstances of the offence or misdemeanor, to sum non the suspected persons to appear before them for that purpose, to require and take securities of the peace, or if circumstances require, to arrest them; in the latter case they shall further act as directed in Article 19, with respect to making a reference to a m >re competent authority.
Art. 22 In their capacity of subordinate Magistrates, they shall also he
authorized to act as mediators or arbitrators in all disputes and controversies be-tween 'Inhabitants of their respective jurisdictions. They shall also be careful that no infringement or violation be committed of the religious rites, manners, or customs of the natives, in respect to marriages, inheritances, successions, &«•
without assuming however, any decisive or judicial authority in any such
matters. , Art. 23. As Officers of the Magistrates, they shall be exclusively and
especially charged, with the execution of ail orders from the respective Magis-trates concerning districts, situated beyond the immediate vicinities of the res-pective towns of Samarang and Sourabaya, save and except when the Magistrate«
personally visit those districts, in which case they are empowered to make imme-diate use of their authority, without the interposition of t h e B a i l l u w s .
mi to
Art. 24. T h é respective Bail!uws of Samaräng and Spurabaya, shaîî not de-rive from their Offices, any pecuniary advantages or emoluments, other than such as they are entitled to, in virtue of the salaries allowed to them by Government.
Art. 25. They shall further act as water Fiscals, and public prosecutors for the roads of Samarang and Sourabaya,i and be charged with the superintendence of the police, in the above roads within their respective jurisdictions ; they shall also be careful that the orders of Government concerning the revenue, and all Custom House Regulationsat present existing, or hereafter to be established, be strictly observed and carried into effect.
Art. 26. And to enable them the better to maintain the police and good order în the roads of Samarang and Sourabaya respectively, they are authorized and empowered, to suppress all riots and disturbances committed by the crews of His Majesty's or the Honorable Company's as well as foreign ships and vessels of every description in the r o a d s ; to apprehend the offenders, and bring them to trial, before the competent jurisdictions, according to the nature of the
case.
Art. 37. They shall be careful, that no free person be unlawfully detained on board of any ships or vessels in the roads, within their respective jurisdictions, and that no seaman deserts the ship or vessel to which he belongs. They are authorized to apprehend deserters, and deliver them on board their respective Vessels, and on application being made in such cases by the Commanders, they
»hall give every assistance in their power.
Art. 23. In their capacity of public prosecutors, in cases of frauds committed against the revenue, they are authorized to detain and search, either personally Or by the European inferior Officers, such trading vessels as may on o-ood grounds, be suspected to have any contraband goods on board in the roads, în the River outside the Boom, or any of the adjoining Creeks or Rivers on the Coast.
Art. 29 The Bailluws shall not be entitled to take or enjoy any part of the fines, penalties, or confiscated merchandize, until assigned to them by a competent authority, and such assignment sanctioned by the Honorable the Lieutenant G o
-vernor. , Art. SO. Provisionally, and until a special authority is established for the
purpose, all cases liable to fines and confiscations by the Revenue Regula-tions, not exceeding the sum of 150 Spanish Dollars, shall be decided by the res-pective Magistrates ;—but all cases wherein the fine or value of the articles seized,
«xceeds the value of 150 Spanish Dollars, shall be deemed within the
cogmzance
of, and be triable before foe Courts of Justice at Samarang and Sourabaya res pectively.
Art. 3 1 . T h e Bailluws shall in consequence, and according to the magnitude Of the cases in which they act as public Prosecutors, be considered as equally
••connected with, and subject to the orders of the respective Courts of Justice aforesaid, and be subordinate to them as far as their respective jurisdiction' extend.
Art. 32. They s'hall further be considered as immediately under the authority and control of Government, in like manner as the Officers of the Custom-house*
& c — T h e y shall report to the Civil Commissioner, and Deputy Civil Commis-aioner respectively, all material circumstances which may take place regarding the Revenue Department, and shall have free access to the Books and Papers of the Custom-housci and receive information of ail arrivals and departures in, of from the Roads, and of the time of loading and unloading their respective cargoes, with the particulars thereof.
Art. 33 On entering into office, the Bailluws of Samarang and Sourabajfc shall take the following oaths respectively :—
" I promise and swear, to bear true allegiance to His Majesty the King of t&
« United Kingdom of Great Britain and Ireland, to be faithful to the Honof'
« able the East India Company of England, and to the present Government o
" J a v a ; I swear that I will use every exertion to maintain a good and strict Police
" that I will not practice any excesses of authority or violence, nor suffer tW
« same to be done by my inferior Officers, or others under my command, anJ
" . that in the discharge of the duties of my office, I will strictly be guided b//
"' and conform in every respect, to my Instructions, as a good and upright Office'
«« of Government is bound to do.
" So help me G O D "
Given at the Goternment House at Molenvliet, this 1st day of May 181*
• . B y me, the Lieutenant-Governor of the Island of JaV»>
and its Dependencies.
- ( S i g n e d ) . T H O S . S. R A F F L E S By Order of the Honorable
the Lieutenant Governor in Council.
: (Signed) J . piVimw, Act'g Sec. to Government.